cucubau
10-17 02:11 AM
Does a current PD mean you're getting your GC in a few weeks or does it mean "we've started working on it, we'll let you know":)
Thanks!
Thanks!
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kaisersose
03-13 04:58 PM
This is the danger with a "green card shop" company. They constantly have people joining and leaving them. Not a problem for H-1b but a major problem with GC processing.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
Fightwithfate
03-15 10:08 AM
Your employer should contact VSC immediately using the contact channels set up for premium processing cases (I believe they have dedicated email addresses and telephone numbers for premium processing).
Hi Thank you all,
Today (03/15/2010) my employer got Receipt No mail from VSC. It says that VSC Received date is 03/12/2010 and the count of 15 days will start from 03/12/2010.But FedEx Delivery date is 03/04/2010.
Does they process premium processing like this?
Hi Thank you all,
Today (03/15/2010) my employer got Receipt No mail from VSC. It says that VSC Received date is 03/12/2010 and the count of 15 days will start from 03/12/2010.But FedEx Delivery date is 03/04/2010.
Does they process premium processing like this?
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sadhumis
08-26 06:13 PM
Hi folks,
Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.
Your help is greatly appreciated.
Many thanks in advance
Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.
Your help is greatly appreciated.
Many thanks in advance
more...
Valentino
09-14 03:47 PM
Hello Srinivas, I am most likely to get in to your situation. This information was helpful. Did the H1B transfer got approved?
CheckRaise
10-12 11:28 AM
If I were you I wont try and get confrontational with the employer HR or attorneys as
you will need their help in the future. They cant "sell" your approved labor(as in the past), it belongs to you and you only. Your priority date would be the day you filed your labor so that doesnt change. Just keep politely pestering them with case info give then reasonable (or more than reasonable time) before you give up. Sorry I cant be much of help here and no unfortunately cant post any screenshot only the HR and attorney has access to the system. Good luck!
Thanks for the good words. My patience is wearing thin as this has been going on for since the start of the year and I have seen PERM applications filed later than mine getting approved. My concern has to do more with the employer keeping me in the dark about the outcome and at the time H1 expires just lets me GO citing rejection or audit!! You can call me paranoid as the filing hasnt materialized and me in the 7th year just adds to the distress.
you will need their help in the future. They cant "sell" your approved labor(as in the past), it belongs to you and you only. Your priority date would be the day you filed your labor so that doesnt change. Just keep politely pestering them with case info give then reasonable (or more than reasonable time) before you give up. Sorry I cant be much of help here and no unfortunately cant post any screenshot only the HR and attorney has access to the system. Good luck!
Thanks for the good words. My patience is wearing thin as this has been going on for since the start of the year and I have seen PERM applications filed later than mine getting approved. My concern has to do more with the employer keeping me in the dark about the outcome and at the time H1 expires just lets me GO citing rejection or audit!! You can call me paranoid as the filing hasnt materialized and me in the 7th year just adds to the distress.
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varakur
08-10 07:24 PM
Hello everybody,
I just got my Labor done few days back. I am in India now, but looks like I have to file I140/485 before Aug 17th. For this, MUST I fly back immediately, or can I file from India (by couriering the required documents).
How will this work for my wife (who is on H4 now)?
If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back.
Or MUST my wife also be present in US to file the I140/485?
Pls advice.
thanks,
-Prasad
I just got my Labor done few days back. I am in India now, but looks like I have to file I140/485 before Aug 17th. For this, MUST I fly back immediately, or can I file from India (by couriering the required documents).
How will this work for my wife (who is on H4 now)?
If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back.
Or MUST my wife also be present in US to file the I140/485?
Pls advice.
thanks,
-Prasad
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pasupuleti
06-20 12:49 PM
I live in bayarea. If we have't found enough people from LA, i can drive to LA.
If more people wants to join documentary efforts from bay area , we all can car pool together.
If more people wants to join documentary efforts from bay area , we all can car pool together.
more...
gonecrazyonh4
05-08 11:01 AM
Last time we renewed we lost more than a month since they did it from approval date. Also they gave it so fast and only for 1year - we missed the 2yr valid EAD by days. In comparison they issued the AP quite late taking their sweet time
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insbaby
11-11 12:36 PM
Priority Date Current: Curse or Boon ?
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
They will take the file based on the received date. But once the file is opened then you get the priority. It appears that they already started working on July 2007 files. So you will get anytime soon.
You have waited for 9 years, just extend H1B one more time and you will never have to do that.
Good luck.
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
They will take the file based on the received date. But once the file is opened then you get the priority. It appears that they already started working on July 2007 files. So you will get anytime soon.
You have waited for 9 years, just extend H1B one more time and you will never have to do that.
Good luck.
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jasmin45
08-10 10:24 PM
Dude,
Just don't even spend your time on this or any message board. Come to US ASAP and file before 17th August. You can add your wife later.
retrogression!... if dates does not move and your wife were not able to file 485 before they approve your AOS... she will be out of status the day your 485 gets approved if she were to stay in dependent status (H4).. she has 180 days from the date of your approval to file hers.. if that doesn;t happen.. then she will have to leave the country to avoid problems..
I would say file it together.. thats the best..
Just don't even spend your time on this or any message board. Come to US ASAP and file before 17th August. You can add your wife later.
retrogression!... if dates does not move and your wife were not able to file 485 before they approve your AOS... she will be out of status the day your 485 gets approved if she were to stay in dependent status (H4).. she has 180 days from the date of your approval to file hers.. if that doesn;t happen.. then she will have to leave the country to avoid problems..
I would say file it together.. thats the best..
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devan
11-04 01:43 AM
Hello gurus,
I got the RFE on my I485(PD:May 2002 - India- EB3- I140 approved on jan-2009) application. The query is,
The birth certificate you submitted has a delayed registration. Please comply with the following.
a) Hospital birth records which name the child and both parents.
b) Medical records which name the child and both parents
c)school records which name the child and bother parents.
d) Census records which name the child and both parents.
c) Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable e rite occurred following the birth,showing the date and place of the child's birth, the date of the religious ceremony, and the name of the child's parents.
I have the transfer certificate and the mark statements that has the father's name, my name and the date of birth. In general, schools and colleges in india, don't include the mother's name. Also i born at home, i don't have any hospital birth records and medical records. I am totally confused what records i need to provide to USCIS. I discussed some famous attorney, they too encouraging me to get any form of documents with my mother name back home in india. Any advice is greatly appreciated. Thank you very much for your early reply
Thank you
devan
I got the RFE on my I485(PD:May 2002 - India- EB3- I140 approved on jan-2009) application. The query is,
The birth certificate you submitted has a delayed registration. Please comply with the following.
a) Hospital birth records which name the child and both parents.
b) Medical records which name the child and both parents
c)school records which name the child and bother parents.
d) Census records which name the child and both parents.
c) Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable e rite occurred following the birth,showing the date and place of the child's birth, the date of the religious ceremony, and the name of the child's parents.
I have the transfer certificate and the mark statements that has the father's name, my name and the date of birth. In general, schools and colleges in india, don't include the mother's name. Also i born at home, i don't have any hospital birth records and medical records. I am totally confused what records i need to provide to USCIS. I discussed some famous attorney, they too encouraging me to get any form of documents with my mother name back home in india. Any advice is greatly appreciated. Thank you very much for your early reply
Thank you
devan
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meetpravee
07-16 04:25 PM
Call the toll free number (877-CBP-5511 ) of the customs and border patrol (Questions/Customer Service - CBP.gov (http://www.cbp.gov/xp/cgov/toolbox/contacts/customer_service.xml)). They can give you the location and number of your local city's office. Call your local city customs office and identify yourself using passport number. They may ask you some basic questions to verify your identity.
Inform the officer about the query from USCIS and ask them to give you the I-94 number, validity date. They wont give you a physical copy of I-94, but they will certainly tell you the I-94 number and expiry date. While responding to the RFE from USCIS, you can say that - "I-94 is taken back while leaving the country. Based on the call with Customs and Border patrol on so and so date and time, the I-94 number is blaw and validatity date is blaw blaw"
Your attorney should be able to write the above message in legal language. I had a similar RFE and I was able to call customs office and get all my I-94 information. When I called the local Customs and border patrol office, they picked up the phone immediately and they seem to be very friendly. Good luck.
Inform the officer about the query from USCIS and ask them to give you the I-94 number, validity date. They wont give you a physical copy of I-94, but they will certainly tell you the I-94 number and expiry date. While responding to the RFE from USCIS, you can say that - "I-94 is taken back while leaving the country. Based on the call with Customs and Border patrol on so and so date and time, the I-94 number is blaw and validatity date is blaw blaw"
Your attorney should be able to write the above message in legal language. I had a similar RFE and I was able to call customs office and get all my I-94 information. When I called the local Customs and border patrol office, they picked up the phone immediately and they seem to be very friendly. Good luck.
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gc_chahiye
12-18 12:49 PM
I dont think its as simple as choosing between EB2 or EB3. It would depend on your job description and which category the job qualifies for. Not all jobs would qualify for EB2. You should consult an immigration attorney to discuss your case.
good point. Also keep in mind:
- you can recapture your PD later. So if your case for EB2 is not that strong, go for EB3, get your PD locked, then a couple of years down the line you can go for EB2 and recapture this older priority date.
- recently the number of PERM audits have gone up, and EB2 ones especially (talked to our company lawyer, and even saw lots of posts on this forum). If the position does not justify EB2 or its hard to justify, you need to be careful and conservative.
good point. Also keep in mind:
- you can recapture your PD later. So if your case for EB2 is not that strong, go for EB3, get your PD locked, then a couple of years down the line you can go for EB2 and recapture this older priority date.
- recently the number of PERM audits have gone up, and EB2 ones especially (talked to our company lawyer, and even saw lots of posts on this forum). If the position does not justify EB2 or its hard to justify, you need to be careful and conservative.
more...
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Aah_GC
07-11 02:18 PM
I was going through some comments by some folks in this forum (http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350) - and one of them says - how come these guys were silent when they were pressing for Illegal Immigration reforms? What the heck? You live in this country on a budget with your employer and they expect you to solve the problems of this country.
Jakub (glus),
Good job on getting our message across. Good picture too! Finally we are seeing some faces behind the screen names.
http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350
Jakub (glus),
Good job on getting our message across. Good picture too! Finally we are seeing some faces behind the screen names.
http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350
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waitforevergc
03-05 06:16 PM
Means the whole US is going to be screwed? FDIC is like our mother ship.
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seekerofpeace
09-04 11:39 AM
Folks;
I received an approval notification through the CRIS system of USCIS. Almost everyone who I saw got approved got a CPO and welcome message email. Don't know what to make out of it...my lawyer is also mum on the issue.
Here is the content:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On September 3, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Also I as the primary applicant only received the mail...my wife's status is still unchanged...
Best,
SoP
I received an approval notification through the CRIS system of USCIS. Almost everyone who I saw got approved got a CPO and welcome message email. Don't know what to make out of it...my lawyer is also mum on the issue.
Here is the content:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On September 3, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Also I as the primary applicant only received the mail...my wife's status is still unchanged...
Best,
SoP
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psychman
11-11 07:00 PM
This is almost identical to the Modifying a Databound Collection case: http://www.kirupa.com/blend_wpf/modifying_databound_collection_pg1.htm
Thanks again Kirupa. I went back over the above post and it helped me answere some of the questions I had, but I do have one more if you don't mind. I have this little project almost wrapped up now. When complete the app will do the following:
-Imports Metadata.xml file generated by Deep Zoom Composer
-On import it will populate the databound image and text boxes with the original data
-On import it will also add four new "tag" elements to the original xml file
-The user will be able to navigate all of the original images and coresponding tags (your MIX08 presentation helped me create the navigation piece ((thanks!))
-The user can add new "tag" data to any of the old and new fields and the new data will overwrite the original xml file when the "save" button is clicked.
I have everything working great. Now I just need to figure out how to take my new "tag" elements and add them into all of the nodes on import. I know how to do this to one node, but I am not sure how to add the new elements to every "Image" node in the file. Here is the code I am using to make this work for the first node:
XmlDocument doc = new XmlDocument();
doc.Load (variable pointing to xml file);
XmlDocumentFragment docFrag = doc.CreateDocumentFragment();
docFrag.InnerXml = "<testItem> test </testItem>";
doc.DocumentElement.FirstChild.NextSibling.AppendC hild(docFrag);
doc.Save("Metadata.xml");
Thanks again Kirupa. I went back over the above post and it helped me answere some of the questions I had, but I do have one more if you don't mind. I have this little project almost wrapped up now. When complete the app will do the following:
-Imports Metadata.xml file generated by Deep Zoom Composer
-On import it will populate the databound image and text boxes with the original data
-On import it will also add four new "tag" elements to the original xml file
-The user will be able to navigate all of the original images and coresponding tags (your MIX08 presentation helped me create the navigation piece ((thanks!))
-The user can add new "tag" data to any of the old and new fields and the new data will overwrite the original xml file when the "save" button is clicked.
I have everything working great. Now I just need to figure out how to take my new "tag" elements and add them into all of the nodes on import. I know how to do this to one node, but I am not sure how to add the new elements to every "Image" node in the file. Here is the code I am using to make this work for the first node:
XmlDocument doc = new XmlDocument();
doc.Load (variable pointing to xml file);
XmlDocumentFragment docFrag = doc.CreateDocumentFragment();
docFrag.InnerXml = "<testItem> test </testItem>";
doc.DocumentElement.FirstChild.NextSibling.AppendC hild(docFrag);
doc.Save("Metadata.xml");
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willigetgc?
10-11 09:18 AM
Stop watching for VB and start meeting with your Senators!
pd_recapturing
07-18 04:49 PM
--------------------------------------------------------------------------------
Hi guys, I have a approved EB3 I-140 with PD of May 2004. I recently applied a new EB2 I-140 under the PP to port PD and got RFE. RFE has been replied by my lawyer on 07/06 and we are waiting for their decision any moment.Now, as I am going to apply my I-485, what will be my best bet? to go with approved EB3 I 140 or go with receipt notice of pending PP EB2 I-140? If I go with EB3 I140, can I amend my application at a later point of time with EB2 I 140? Please help.
Hi guys, I have a approved EB3 I-140 with PD of May 2004. I recently applied a new EB2 I-140 under the PP to port PD and got RFE. RFE has been replied by my lawyer on 07/06 and we are waiting for their decision any moment.Now, as I am going to apply my I-485, what will be my best bet? to go with approved EB3 I 140 or go with receipt notice of pending PP EB2 I-140? If I go with EB3 I140, can I amend my application at a later point of time with EB2 I 140? Please help.
ags123
08-29 09:33 AM
thanks for your post. Ya its my sister's wedding. I had decided to go until this H1 revocation email came. I has seen some cases on IV a while ago where people got the H1 revocation email and I-485 denied without NOID/RFE. If this happens when I am in India I am screwed.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.
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